People v. Mendoza — 304 A.D.2d 774

Majority

p. 774

The People of the State of New York, Respondent, v Pablo Mendoza, Appellant.

[757 NYS2d 780]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered June 14, 2001, convicting him of sexual abuse in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that certain comments made by the prosecutor during cross-examination and summation constituted reversible error is unpreserved for appellate review (see CPL 470.05 [2]; People v Harris, 98 NY2d 452 , 491 n 18 [2002]; People v Gray, 86 NY2d 10 , 20-21 [1995]; People v Dien, 77 NY2d 885 [1991]; People v Smith, 298 AD2d 607 [2002]). In any event, the prosecutor’s comments were within the bounds of permissible rhetorical comment, were a fair response to the defense counsel’s direct examination and summation (see

p. 775

People v Galloway, 54 NY2d 396 [1981]; People v Ashwal, 39 NY2d 105 , 109 [1976]; People v Clemmings, 300 AD2d 672 [2002]; People v Valdes, 291 AD2d 513 , 514 [2002]; People v Russo, 201 AD2d 512 , 513 [1994], affd 85 NY2d 872 [1995]), or were harmless under the circumstances of this case. S. Miller, J.P., Goldstein, McGinity and Mastro, JJ., concur.

Cases cited

People v. Harris 98 NY2d 452 N.Y. 2002-07-09 at 491 p. 774
People v. Gray 86 NY2d 10 N.Y. 1995-05-11 at 20-21 p. 774
People v. Dien 77 NY2d 885 N.Y. 1991-03-21 p. 774
People v. Galloway 54 NY2d 396 N.Y. 1981-11-24 p. 775
People v. Ashwal 39 NY2d 105 N.Y. 1976-04-01 at 109 p. 775
People v. Russo 85 NY2d 872 N.Y. 1995-03-23 p. 775